The Mandatory Regulation Impact Statement Bill 2025 requires that a Regulation Impact Statement (RIS) be prepared and presented with every Commonwealth Bill or legislative instrument that is likely to have a regulatory impact, unless it is minor or technical in nature.
This measure codifies the existing Legislative Handbook 2017 requirement and extends it to non-Government Bills to boost transparency and strengthen parliamentary scrutiny.
The Mandatory Regulation Impact Statement Bill 2025 establishes a statutory obligation to include a Regulation Impact Statement in the Explanatory Memorandum for any Commonwealth Bill or legislative instrument likely to affect businesses, community organisations or individuals. A RIS must assess the likely costs and benefits of the proposal and consider alternative ways to achieve its policy objectives, in line with the standards of the Legislative Handbook 2017 and the Office of Impact Analysis.
Mandating a Regulation Impact Statement ensures that both Parliament and the public can review the costs, benefits and alternatives of proposed laws before they are enacted. By embedding this requirement in statute, the Bill safeguards against arbitrary or inconsistent compliance, promoting more informed and accountable decision-making.
Transparent impact analysis helps prevent regulatory overreach and unintended harms, and it encourages departments to rigorously test policy options. Over time, this leads to better-designed legislation and greater public trust in the legislative process [Judgment].
Requiring a RIS for every non-Government Bill risks introducing significant delays and administrative burdens without clear evidence that such statements materially improve legislative quality. Many public servants already prepare impact analyses under existing guidance, making the statutory overlay largely duplicative [Judgment].
The extra procedural hurdle could slow Parliament’s ability to respond to urgent issues and deter backbenchers from introducing Private Members’ Bills, ultimately reducing the agility and diversity of Australia’s law-making process.
2025-11-03
Senate
Before Senate
TYRRELL, Sen Tammy
Unspecified
Democratic Institutions, Civics